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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
ANJAN MONI KALITA
Assadul Islam Alias Asadul Islam, Son Of Alim Uddin – Appellant
Versus
State Of Assam Rep By The PP – Respondent
| Table of Content |
|---|
| 1. overview of case history and procedural events (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. petitioner challenges charge framing due to age dispute and jurisdiction (Para 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondent argues pocso court has inherent powers to add sections (Para 14 , 15 , 16 , 17) |
| 4. status of pocso courts as equal to sessions courts (Para 18 , 19 , 20 , 21 , 22) |
| 5. validity of trial court procedures in framing charges (Para 23 , 24 , 25 , 26 , 27) |
| 6. mandatory nature of age determination and juvenile law (Para 28 , 29 , 30 , 31 , 32) |
| 7. court's instruction to conduct age inquiry per jj act (Para 33 , 34 , 35 , 36) |
| 8. final direction for age determination and trial continuation (Para 37 , 38 , 39 , 40) |
JUDGMENT :
ANJAN MONI KALITA, J.
Heard Mr. A. I. Uddin, learned counsel for the petitioner. Also heard Mr. R. J. Baruah, learned Additional Public Prosecutor for the State of Assam as well as Ms. S. G. Baruah, learned counsel appearing for the respondent/opposite party No. 2.
2. The instant application under Sections 438/442 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, read with Article 227 of the Constitution of India, has been filed assailing the order dated 11.
The jurisdiction of a Special Court under the special legislation is strictly dependent on the victim's age. When age is disputed, the court must conduct a formal inquiry under the relevant juvenile ....
The main legal point established in the judgment is the importance of age determination in cases under the POCSO Act, emphasizing the need to establish foundational facts, including the proof of the ....
The court established that the burden of proving a victim's age lies with the prosecution, and the absence of reliable evidence necessitates giving the benefit of doubt to the accused.
The court established that the determination of age and the validity of evidence must be assessed during the trial, not at the discharge stage.
Consent of a minor has no consequence for offences under POCSO Act as well as Section 375 I.P.C.
The main legal point established in the judgment is the significance of the victim's age in determining the alleged offences under the POCSO Act and the Indian Penal Code, and the reliance on the Juv....
Discharge of accused – At the stage of considering application for discharge court must proceed on assumption that material which has been brought on record by prosecution is true – Defence of accuse....
Point of Law : There was failure on the part of the prosecution to establish the essential foundational facts to attract the provision of POCSO Act.
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